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Supreme Court of India 2016-09-29 disposed

Selva Rani & Ors vs R. Krishnammal & Ors

Bench: 2 — Judge 1, Judge 2

In Brief

In this succession dispute, Selva Rani and others claimed share in property they alleged was ancestral, inherited from one Ganesha Moorthi. The defendants (Ganesha Moorthi's children from his first marriage) asserted the property was self-acquired and they were beneficiaries of his Will. The trial court held the property ancestral and the Will invalid. However, the First Appellate Court and High Court allowed the defendants' appeal by focusing only on Will invalidity, without addressing whether the property was ancestral or self-acquired. The High Court later recalled this order in review and remanded the matter to the First Appellate Court for fresh decision on the property's status. The Supreme Court upheld the High Court's remand, holding that the preliminary question of property status must be determined before examining Will validity, and declined interference under Article 136.

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Civil Procedure Succession and Wills Ancestral Property High Court Review Appellate Jurisdiction

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